(a)
There is hereby established an Arts Commission consisting of
seven members, or such lesser number as may be appointed by the City
Council.
(b)
Commissioners shall be nominated and appointed through the following
process:
(1)
A nominating committee comprised of the following three members
shall nominate each Commissioner for confirmation by the City Council:
the Mayor; a rotating City Councilmember, as determined by the City
Clerk; and the Commission Chair, or the Vice-Chair if the Chair's
office is under consideration within two months of the nomination.
(2)
If any member of the nominating committee affirmatively declines
to participate in the nomination process, then their seat shall be
forfeit and the next person, as appropriate and as determined by the
City Clerk shall participate on the nominating committee instead:
the next rotating Councilmember, as determined by the City Clerk;
the Chair, Vice-Chair, or Commission member; or the Mayor Pro Tem
for the Mayor.
(3)
The nominating committee shall interview each applicant under
consideration together, virtually or in person, before selecting a
nominee for City Council confirmation.
(4)
The nominating committee must unanimously decide each nominee
for confirmation by a majority vote of all members of the City Council.
No nominee shall be submitted to the City Council for confirmation
without unanimous support of the nominating committee.
(5)
If a nominee fails to garner a majority vote of the full City
Council, then the applicable nominating committee shall meet again
to consider and propose a new nominee for confirmation by the City
Council in accordance with the process in this section. This process
shall repeat until a nominee is confirmed by a majority vote of the
full City Council.
(6)
If a mid-term vacancy occurs, the nominating committee may nominate
their replacement to fill the remainder of the original term in accordance
with the process in this section, which must be confirmed by a majority
of the full Council. Where feasible, the members of the nominating
committee used to nominate the member whose seat is vacated shall
be used to nominate their replacement. Where members of such nominating
committee are no longer in office or otherwise unavailable to serve
on the nominating committee to fill the vacant seat, the seat shall
be filled by the following, as appropriate: the next rotating Councilmember,
as determined by the City Clerk; the Mayor Pro Tem if the Mayor is
unable to serve on the nominating committee; or the sitting Chair,
or the Vice-Chair if the Chair's office is under consideration
within two months of the nomination.
(c)
All Commission appointments are non-political appointments.
The members selected need not be residents of the City, but shall
be selected from the community who have a special knowledge of and
a demonstrated interest in the arts and who are interested in promoting
such activity. In selecting nominees and making appointments, the
nominating committee and the City Council may consider representation
on the Commission from a number of arts-related disciplines and activities,
including, but not limited to, the following:
(1)
Performing arts, such as drama, music and dance;
(2)
Visual arts, such as painting, sculpture, photography, graphics,
video art and applied art;
(3)
Literary arts, such as literature, poetry and journalism;
(4)
Communications arts involving film, television and radio;
(5)
Arts education, such as schools, libraries and community education;
and
(6)
Funding, such as fund raisers, representatives of public and
private funding agencies and art patrons.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 2, Ord. 929, eff. May 12, 2022, and § 1, Ord. 948, eff. December
28, 2023; Ord.
955, eff. 7/11/2024)
Members of the Commission shall be appointed to terms of four
years. The terms of all members of the Commission shall expire at
the second regular City Council meeting of May. Members shall hold
office upon the expiration of their terms until their successors have
been nominated and confirmed. A person who has been appointed to fill
a vacancy shall hold office for the remainder of the unexpired term.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 3, Ord. 843, eff. August 22,
2014, § 2, Ord. 929, eff. May 12, 2022, and § 2, Ord. 948, eff. December 28, 2023)
A Commissioner may be removed from office by the following process:
two City Councilmembers must advise the City Manager of their intent
to place an item on an upcoming City Council agenda to consider the
removal of a Commissioner. The City Manager must then contact the
Commissioner to advise him/her of that notification, and to provide
the Commissioner with at least seven days' advance notice of any agendized
City Council discussion regarding the possible Commissioner removal.
The Commissioner may choose to resign or object to the proposed action.
Commissioners serve "at will" and may be removed for any reason. The
Commissioner shall be given an opportunity to speak to the full City
Council at the agendized public meeting if they wish to do so, before
consideration of their removal. After completing this process, any
Commissioner may be removed by majority City Council vote at a regular
City Council meeting. Vacancies for the remainder of unexpired terms
as a result of removal, resignation or any other cause shall be filled
in the same manner in which original appointments were made.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 2, Ord. 929, eff. May 12, 2022, and § 3, Ord. 948, eff. December
28, 2023)
The Commission shall annually elect a chairperson, vice-chairperson
and such other officers deemed necessary, including a secretary who
need not be a member of the Commission. In the absence or disability
of either the chairperson or vice-chairperson, the Commission may
designate a chairperson pro tempore. Regular meetings of the Commission
shall be public and shall be held at least quarterly at such times
and places as the Commission may fix.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 2, Ord. 929, eff. May 12, 2022)
Minutes of meetings of the Commission shall be kept of all meetings,
and copies thereof shall be delivered by the secretary of the Commission
to the City Clerk for filing and distribution to the members of the
Council within 15 days after the Commission's approval. No member
of the Commission shall receive compensation for his or her services
as such a member, but the Council may fix the amount of compensation,
if any, to be paid to the secretary.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 2, Ord. 929, eff. May 12, 2022)
Except as provided in this chapter, the Commission shall have
the power to prescribe its own rules of order and procedure. Three
members of the Commission if there are five Commissioners, or four
members of the Commission if there are six or seven Commissioners,
shall constitute a quorum, without regard to residency, and a simple
majority of the votes of a quorum as present shall be required to
pass a motion. In the absence of specific rules of order and procedure,
the conduct of such meetings shall be governed by the latest revised
edition of Rosenberg's Rules of Order.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 2, Ord. 929, eff. May 12, 2022, and § 4, Ord. 948, eff. December
28, 2023)
The Commission shall exercise the powers reasonably necessary
to perform and carry out its delegated responsibilities. The duties
of the Commission include the following:
(a) Advise
the Council on all matters pertaining to the arts in the community;
(b) Make
recommendations to the Council concerning the resources and needs
of the community on the subject of the arts, opportunities for participation
of artists and performers in City-sponsored activities, and ways to
encourage community involvement;
(c) Work
cooperatively with City boards and commissions and other public and
private organizations in promoting art and cultural activities within
the City;
(d) Encourage
public and private partnerships to assure the survival of the arts
and artists in the City;
(e) Encourage
the flow of art into the City and stimulate art and cultural activities
among residents of the City;
(f) Review
and evaluate submitted City art grant proposals and submit funding
recommendations to the Council;
(g) Carry
out the duties necessary to oversee the Ojai Public Arts Program as
specified in Article 2 of this chapter; and
(h) Prepare
and submit to the Council at least every two years a five year arts
project plan. Prior to submission, the Arts Commission shall review
all ongoing and future capital improvement and development projects
for public art opportunities.
(§ 1, Ord. 765, eff. May 22, 2003, as renumbered by § 2, Ord.
800, eff. August 8, 2008, as amended by
§ 2, Ord. 929, eff. May 12, 2022)